People v. Love CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crime In mid-August 2015, defendant drove a fellow gang member (Antwoine Vaughn) into a rival gang’s territory in the midst of a retaliation campaign against that rival gang. They enlisted a third gang member to follow them in a separate car and videotape their anticipated exploits. Once they arrived in the rival gang’s territory, “[defendant] stopped the car, and Vaughn got out and approached a man standing on the sidewalk with a woman and two children. After exchanging a few words, Vaughn pulled out a gun and opened fire on the man’s back. Vaughn continued ‘shooting wildly’ as the man tried to flee into a nearby intersection. All in all, 10 bullets hit the man (causing injuries to his head, chest, leg and hand), and three bullets struck a nearby car that was driving through the intersection. Vaughn got back into the car, and [defendant] drove away.” The next day, defendant sent a text message to Vaughn, reminding him to “move” the gun. B. Prosecution, conviction and appeal The People charged defendant with (1) the attempted murder of the man Vaughn shot 10 times (§§ 187, subd. (a), 664, subd. (a)), and (2)…